BY AD v. SRI. WILSON URMESE

BY ADVS. SRI. WILSON URMESE SRI. MANU HORMIS WILSON RESPONDENTS: 1 2 THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695001. KAIPARAMBA GRAMA PANCHAYAT, MUNDUR P. O., THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY, PIN – 680541. BY ADV. SRI. - GANGESH K. B. - SC – KAIPARAMBU GRAMA PANCHAYAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 24290 OF 2022 2 DINESH KUMAR SINGH, J. -------------------------- W.P.(C) No. 24290 of 2022 ------------------------- Dated this the 8th day of April, 2024 JUDGMENT

The present writ petition has been filed for the following reliefs; i) Declare that Section 2 (1) (a) and the proviso after clause (b) of the Kerala Panchayat Raj (Amendment) Act, 2014 (Act 34 of 2014) are wholly unconstitutional void and inoperative and liable to be declared so; ii) Declare that the aforesaid provisions of the Kerala Panchayat Raj (Amendment) Act, 2014, Act No. 34 of 2014 which are impugned in the Writ petition are violative of Articles 14, 19 and 21 of the Constitution of India and therefore, liable to be struck down as unconstitutional; iii) Call for the records leading to Exhibits – P4 to P5(a) and quash the same by the issuance of a Writ of Certiorari or any other appropriate writ, order or direction; iv) Declare that the units in the Industrial Development Plot, Velakode, Mundur, Thrissur District are not governed by the WP(C) NO. 24290 OF 2022 3 provisions of the Kerala Panchayat Raj Act and that they are exempted from the provisions of the Kerala Panchayat Raj Act and the Rules framed there under and that the respondent panchayat is not entitled to demand any tax, fee, cess or any other charges and insist on the petitioners for taking any license or to renew any license as per the provisions of the Kerala Panchayat Raj Act and the Rules made there under; v) Issue such other writs, orders or directions as this Hon’ble Court may deem fit and proper in the circumstances of the case.

The issue involved in this writ petition is covered by Judgment of this Court in W.P.(C) No. 33694 of 2022 dated 30.11.2023. Paragraph Nos. 6, 7 and 8 of the said Judgment on reproduction would read as under; “6. Smt.K.R.Deepa, Special Government Pleader for Local Self Government Departments, however, submits that the Government may take a decision regarding declaring the industrial area as industrial township area and constitution of Industrial Township Authority, if the Government, after taking all aspects into consideration, is of the view that such an exercise is required. WP(C) NO. 24290 OF 2022 4

This Court does not find any ground to reopen the assessments which got completed long back, i.e. in 2005. In respect of the new buildings/ future assessments, the Corporation should follow the law by issuing notice for carrying out assessments in Form-7 and thereafter demand notice in Form-9 should be issued. The petitioner should discharge the outstanding tax liability to the Corporation, till the Industrial Township Authority is constituted.” In view thereof, I find no merit in this writ petition, which is also hereby dismissed. Sd/- DINESH KUMAR SINGH JUDGE Svn WP(C) NO. 24290 OF 2022 5 APPENDIX OF WP(C) 24290/2022 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE KERALA PANCHAYAT RAJ (AMENDMENT) ACT, 2014, ACT 34 EXHIBIT P2 TRUE COPY OF CIRCULAR NO.C7/14063/06/CT DATED 16.04.2007 EXHIBIT P3 TRUE COPY OF ORDER NO.32/2014/ID DATED 28.02.2014 EXHIBIT P4 TRUE COPY OF DEMAND NOTICE DATED 01.03.2022 FOR BUILDING NO.69 ISSUED TO 1ST PETITIONER BY THE 2ND RESPONDENT EXHIBIT P4(A) TRUE COPY OF DEMAND NOTICE DATED 01.03.2022 FOR BUILDING NO.70 ISSUED TO 1ST PETITIONER BY THE 2ND RESPONDENT EXHIBIT P4(B) TRUE COPY OF DEMAND NOTICE DATED 01.03.2022 FOR BUILDING NO.70A ISSUED TO 1ST PETITIONER BY THE 2ND RESPONDENT EXHIBIT P4(C) TRUE COPY OF DEMAND NOTICE DATED 01.03.2022 FOR BUILDING NO.70B ISSUED TO 1ST PETITIONER BY THE 2ND RESPONDENT EXHIBIT P4(D) TRUE COPY OF DEMAND NOTICE DATED 01.03.2022 FOR BUILDING NO.70C ISSUED TO 1ST PETITIONER BY THE 2ND RESPONDENT EXHIBIT P4(E) TRUE COPY OF DEMAND NOTICE DATED 01.03.2022 FOR BUILDING NO.70D ISSUED TO 1ST PETITIONER BY THE 2ND RESPONDENT EXHIBIT P4(F) TRUE COPY OF DEMAND NOTICE DATED 01.03.2022 FOR BUILDING NO.70E ISSUED TO 1ST PETITIONER BY THE 2ND RESPONDENT EXHIBIT P4(G) TRUE COPY OF DEMAND NOTICE DATED 01.03.2022 FOR BUILDING NO.70F ISSUED TO 1ST PETITIONER BY THE 2ND RESPONDENT WP(C) NO. 24290 OF 2022 6 EXHIBIT P4(H) TRUE COPY OF DEMAND NOTICE DATED 01.03.2022 FOR BUILDING NO.70G ISSUED TO 1ST PETITIONER BY THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF DEMAND NOTICE DATED 09.06.2022 FOR BUILDING NO.42 ISSUED TO 2ND PETITIONER BY THE 2ND RESPONDENT EXHIBIT P5(A) TRUE COPY OF DEMAND NOTICE DATED 09.06.2022 FOR BUILDING NO.42A ISSUED TO 2ND PETITIONER BY THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 02.09.2016 IN WPC NO.5716/2009 EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 01.07.2022 IN WPC NO.3603/2016 EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED 22.02.2022 IN WPC NO.5652/2022